C.S.H.B. 2930 78(R)    BILL ANALYSIS


C.S.H.B. 2930
By: Lewis
County Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 
Public interests for protecting privacy often compete with the concept of
open government. On one hand the fastest growing crime in the United
States is identity theft. On the other hand, the prevailing philosophy in
the U.S. is that the public should have, and in certain cases demands, the
right of information collected by the government be open and accessible.
One area that demands unfettered access to the official public record and
is critical to our nation's economy is real estate. The livelihoods of
lenders, appraisers, surveyors, and all real estate professionals depend
upon open and timely access to the real property records maintained by the
county clerk. 

RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS
Section 1 amends Chapter 11 of the Property Code to create Section 11.008,
CONFIDENTIAL INFORMATION IN REAL PROPERTY RECORDS. 
(a) The substitute defines an "instrument" as a deed, mortgage, or deed of
trust. (b)The substitute prohibits an instrument executed after January 1,
2004 transferring an interest in real property to be filed for record
unless the first page informs the person of their confidentiality rights.
Each deed, mortgage, or deed of trust must have a bold notice instructing
an individual that they have the optional opportunity to remove their
social security number or driver's license number. (c) The substitute
states that failure to include a notice prior to filing does not
invalidate the instrument. (d) The substitute states that a clerk may not
reject an instrument presented for recording because the instrument
contains or fails to contain a social security number or driver's license.
Acceptance of the instrument by the county clerk presumes the requirements
of this section have been met. (e) The substitute requires the county
clerk to post a notice in the clerk's office stating that instruments
recorded in the real property or official records on or after January 1,
2004: (1) are not required to contain a social security number and/or
driver's license number; and (2) are public records available for review
by the public. (f) The substitute states that all instruments recorded
under this section are subject to inspection by the public. (g) The
substitute protects this section from future unintended requirements of
other legislation unless it is specifically mentioned in the amending
legislation. The substitute denotes that once filed in the official public
record in the county clerk's office, an instrument and the information in
it are an open record and part of the public record. (h) The substitute
states that the instrument must be filed in a manner that complies with
federal law, to the extent that federal conflicts with this section. 

Section 2 amends Section 13.002, EFFECT OF RECORDED INSTRUMENT, of the
Property Code by adding paragraph (2) which states that an instrument that
is properly recorded in the proper county is subject to inspection by the
public.  

EFFECTIVE DATE
If two-thirds vote is received on the bill, the Act takes effect
immediately. If the bill does not receive the vote necessary for immediate
effect, this Act takes effect on September 1, 2003 

COMPARISON OF ORIGINAL TO SUBSTITUTE
Section 1:
 Sec. 11.008(a) defines "instrument,"  which was formerly defined in
11.008(g). The substitute no longer defines "home address." 
 Sec. 11.008(b) The substitute changes the execution date from December
31, 2003 to January  1,2004. This execution date is also changed in
11.008(e), and Section 3. 
 Sec. 11.008(b) The substitute provides the requirements of posting notice
of confidentiality rights in an instrument transferring an interest in
real property. Originally these requirements were addressed in 11.008(a).  
 Sec. 11.008(b) The substitute requires that the notice be in 12-point
boldface type or 12-point uppercase letters. The original bill required
10-point. 
 Sec. 11.008(b) The substitute removes from the notice that a loan account
number, home address, or name of any family member who is not a party to
or beneficiary of the instrument may be removed.       
 Sec. 11.008(c) Formerly 11.008(b).
 Sec. 11.008(d) The Substitute states that the county clerk may not reject
an instrument presented for recording because the instrument contains or
fails to contain a social security number or driver's license number.  
 Sec. 11.008(d) also incorporates what was formerly 11.008(c). 
 Sec. 11.008(e) The substitute requires that the county clerk post a
notice in the county clerk's office concerning  the instruments recorded
in not just the real property records, but also the official property or
official public records, or the equivalent of the real property or
official public records of the county. 
 Sec. 11.008(e) The substitute no longer has the language that authorizes
the county clerk to reject for filing any such instrument prior to the
acceptance of the instrument at the office for filing.  
 Sec. 11.008(f) The substitute only states that all instruments recorded
are subject to public inspection.  
 Sec. 11.008(g) The substitute separates what was formerly 11.008(f), and
puts it into both 11.008(f) and (g). The substitute states in (g) that,
unless this section is cited in a law after September 1, 2003, this
section is the exclusive law governing the confidentiality of personal
information contained in real property records.   
 Sec. 11.008(h) Formerly 11.008(d).

Section 2:
 Sec. 13.002(2) The substitute adds all language that concerns Section
13.002, Property Code. 

Section 3:
 The substitute does not call for an immediate effect, and states that the
Act applies only to a deed, mortgage, or deed of trust executed on or
after January 1, 2004.